Legal AlertMinistry of Treasury and Finance’s Communiqué Amends the Provisions on Remote Authentication

14 August 2023

 

The Communiqué Amending the General Communiqué of the Financial Crimes Investigation Board (Serial No: 19) (“Communiqué“) (Serial No: 24) (“Amending Communiqué“) has been published in the Official Gazette dated 11.08.2023 and numbered 32276. With the Amending Communiqué, the provisions on remote authentication provided in the Communiqué have been updated.

With the third article of the Communiqué, “legal entities registered in the trade registry” have also been added to the persons that are to be identified remotely.

With the Amending Communiqué, it is regulated that the process of remote identification shall be carried out online, uninterrupted, video and real-time; the entire process of remote identification shall be recorded and stored in a way to include all steps of the process and to ensure that it is auditable.

The Amending Communiqué introduces provisions regarding the use of artificial intelligence in remote identification. Accordingly, it is regulated that video verification performed with artificial intelligence shall be carried out with end-to-end secure communication and video identification must be completed uninterruptedly in any case.

In addition, in the remote identity verification process to be carried out with artificial intelligence, it is now mandatory to obtain a Turkish Standards Institute report showing that the false confirmation case in the artificial intelligence algorithm to be used when comparing the photograph on the identity document with the face image of the applicant who is present live or when performing a liveness test is below one in ten million.

However, it is stated that if services are obtained from a foreign organization for the artificial intelligence algorithm and that the organization in question has an internationally recognized certificate abroad, it is not necessary to obtain a Turkish Standards Institute report.

While identity cards with near-field communication (NFC) technology are envisaged to be used for identity verification for natural persons, special provisions have been introduced for legal entities registered in the trade registry. Accordingly, in the verification interview with the representative of the legal entity, it is stipulated that the representation authority of the person shall be confirmed by matching the information obtained from the person with the current information obtained by querying through MERSIS or the Turkish Trade Registry Gazette.

The Amending Communiqué entered into force on the date of its publication.

You can access the relevant Amending Communiqué from the link below:

https://www.resmigazete.gov.tr/eskiler/2023/08/20230811-4.htm